Roaches or pests in my Texas rental. What can I do?

Short answer: Texas state repair law doesn't list pests by name. It covers conditions that materially affect the physical health or safety of an ordinary tenant, once you've given notice to the person or place where you pay rent, and you, your household, or guests didn't cause it (Tex. Prop. Code § 92.052). Many Texas cities also treat infestations as a code issue, enforced through the city. For example, Dallas city code sets a standard for eliminating infestations and repairing conditions that contribute to them, enforced by the city (Dallas City Code § 27-11(i)(1)); you can report a problem to Dallas 311. Austin's Safe At Home checklist tells renters to look for signs of rodents, bed bugs, scorpions, roaches, fleas, bees, or other pests (austintexas.gov/development-services/safe-home).

What to write down

What you're seeing: roaches, rats or mice, bed bugs, ants, or something else.
Where: kitchen, bathroom, bedroom, walls, inside cabinets.
Dates you saw them, and whether it's getting worse.
Droppings, bites, damage to food or belongings, or gaps and holes where pests get in.
Whether neighbors have the same problem. In apartments, pests often move between units.
Every report you made, with dates, and any treatment visits.

Take dated photos or short videos. A sticky trap with the date written on it is a simple record.

How to ask for the repair in writing

Say what's wrong, in your own words. What failed, where it is, and the date you first noticed it. Keep it short and factual.
Add photos. Take a wide shot so it's clear where the problem is, then a close-up. Keep the originals with their dates.
Send it to where you pay rent. The law looks at notice given to the person to whom, or the place where, rent is normally paid (Tex. Prop. Code § 92.056(b)(1)). You can also email the manager, but emailing a PDF is not the same as sending it by certified mail.
Keep copies and a simple log. Save your letter, photos, tracking, and a dated log of every call, visit, or reply.
Keep using the portal if you have one. Take a screenshot of each request. A portal request is not the same as a mailed notice.

For a fill-in-the-blank version, use the free Texas repair request letter template, or get the free Texas Tenant Repair Checklist. See all problems and cities on Texas repair problems.

The basics of your repair rights

The landlord has a duty to repair serious problems. Not every repair qualifies. Texas law says a landlord must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant, once the tenant has told the landlord and the other conditions are met. Source: Tex. Prop. Code § 92.052(a).

Rent status matters. The statute says the duty applies when "the tenant is not delinquent in the payment of rent at the time notice is given." If you have questions about your rent balance, talk with legal aid before sending a notice. Source: Tex. Prop. Code § 92.052(a)(2) and § 92.056(b)(6).

Check your lease about written notice. If your lease is written and requires written notice, the repair notice has to be in writing. Source: Tex. Prop. Code § 92.052(d).

Time to repair. The clock does not start when the email is sent. Under Texas Property Code § 92.056(c), the landlord is considered to have received the notice when the landlord or the landlord's agent or employee has actually received it, or when the Postal Service has attempted to deliver it. Under § 92.056(d), seven days after that date is a rebuttable presumption of a reasonable time, not a deadline. Paying, or handing the letter to the mail service, also does not start the clock. Source: Tex. Prop. Code § 92.056(c) and (d).

Thinking about anything bigger? The law has other remedies, but each has strict requirements and a misstep can cause serious problems. If you're thinking about any step beyond asking for the repair, like changes to your rent or lease, talk with a lawyer or legal aid first. Source: Tex. Prop. Code § 92.056(e); Texas Attorney General, "Renter's Rights."

Where to get free help

TexasLawHelp.org: free legal information and forms for Texans.
Lone Star Legal Aid (Houston and Southeast Texas): 713-652-0077 · 800-733-8394
Legal Aid of NorthWest Texas (Dallas, Fort Worth, North and West Texas): landlord-tenant line 855-548-8457
Texas RioGrande Legal Aid (Central, South and West Texas): trla.org
Your city's 311 or code enforcement for housing code problems. A city complaint is a separate step from your request to the landlord. One doesn't replace the other.
State Bar of Texas Lawyer Referral Information Service: texasbar.com/lris

Frequently asked questions

Does a Texas landlord have to get rid of roaches?

State law covers conditions that materially affect the physical health or safety of an ordinary tenant. Whether a particular infestation qualifies depends on the facts. Many cities also have code rules about infestation. Source: Tex. Prop. Code § 92.052(a).

Who pays for pest control in Texas?

Check your lease. State law says the landlord generally doesn't have a duty to repair a condition caused by the tenant, household, or guests, other than normal wear and tear. Source: Tex. Prop. Code § 92.052(b).

How long does my landlord have to fix it?

The clock does not start when the email is sent. Under Texas Property Code § 92.056(c), the landlord is considered to have received the notice when the landlord or the landlord's agent or employee has actually received it, or when the Postal Service has attempted to deliver it. Under § 92.056(d), seven days after that date is a rebuttable presumption of a reasonable time, not a deadline. Paying, or handing the letter to the mail service, also does not start the clock.

Can I call the city about pests?

Yes. Many cities take pest and infestation complaints through 311 or code enforcement. That's a separate step from your written request to the landlord.

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Not legal advice. Not a law firm. This page is general information, not a substitute for the advice of an attorney. Laws change; check the current law or ask a lawyer.